Indian Penal Code, 1860, Section 302, 149 -- Murder of four persons of family - Pressing of dog squad into service - Dog squad had been pressed into service as per FIR since names of assailants were not known - Even, at the time when PW1 was admitted to hospital, names of assailants had not been disclosed deliberately and for justifiable reasons - Daughters of deceased `V'..........
Custody of child -- Claimed by father - Writ of habeas corpus - Mother of children committed suicide - Children are residing with their maternal grandparents - Father of children is involved in a case registered u/s 306 IPC on account of alleged suicidal death of mother of children - Relationship between parents of children remained strained just after some time of..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Motive - Bald allegation made by prosecution that sum of Rs.80,000 was taken by two deceased from `B' who was owner of shop where accused was working - However, said amount was not payable or due from accused - No evidence is led by prosecution to show that accused would have..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Last seen theory - Time gap between incident of last seen and time of death is 19-20 hours - Suspicion arises with regard to presence of accused with two deceased or testimony of PW4 about his having lastly seen deceased with accused - Last seen evidence not proved - Accused..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of injury - Death of deceased was not caused in the heat of sudden fight - Accused stealthily entered into house of deceased with wooden stick and hit the head of deceased with stone - Postmortem report of deceased shows that heavy grinding stone was used for commission of offence - Accused also attacked..........
Insurance claim -- Insurance policy for payment of compensation in the event of death only resulting solely and directly from accident caused by external violent and any other visible means - Death by `sun stroke' - Cannot be included within parameters of `Scope of cover' in the insurance policy...........
Will -- Exclusion of son from property under Will - Relationship between testator and his son got stained in 1984 - This fact is admitted by son of testator - Son also filed a partition suit against his father/testator - Testator was alive for nearly 11 years after execution of Will - On account of close relationship, testator after death of his brother wanted to protect..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Reasonable doubt created with regard to cause of death - Recovery of pillow and shirts containing blood stains tallied with blood group of deceased but seizure witnesses did not support case of prosecution - Seizures alleged to have been made during investigation not proved by prosecution -..........
Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Trial Court has gone beyond the scope of S.302 IPC in awarding life imprisonment till death to accused `S' - Sentence modified to life imprisonment in place of life imprisonment till death...........
Succession -- A person who may become heir and entitled to succeed under law upon death of his relative would not have any right until succession to estate is opened up...........
